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STATE v. MOGLER

No. A05-1037.

719 N.W.2d 201 (2006)

STATE of Minnesota, Respondent, v. Scott MOGLER, Appellant.

Court of Appeals of Minnesota.

July 25, 2006.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, John B. Galus, Assistant Attorney General, St. Paul, MN; and Charles C. Glasrud, Special Assistant Pope County Attorney, Morris, MN, for respondent.

Robert J. Fowler, Fowler Law Firm, L.L.C., Little Canada, MN, for appellant and for amicus Minnesota Fraternal Order of Police.

Considered and decided by LANSING, Presiding Judge; WILLIS, Judge; and HUSPENI, Judge.

OPINION

LANSING, Judge.

Scott Mogler challenges the constitutionality of the phrase "position of authority," as used in Minn.Stat. § 609.344, subd. 1(e) (2002), and defined in Minn. Stat. § 609.341, subd. 10 (2002). He also appeals the district court's evidentiary rulings, venue determination, jury instructions, and imposition of the guidelines sentence; challenges the sufficiency of the evidence to support his conviction of third-degree criminal...

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